In recent years, the California criminal justice system has implemented alternatives to criminal sentences, particularly for first-time, low-level drug offenses. Instead of locking low-level offenders up behind bars, diversion programs aim to support the defendant through rehabilitation, counseling, community service, and other programs to give them a better chance of leading a productive life. However, many people wonder whether being sentenced to participate in a drug diversion program still counts as a conviction. Here is a brief overview of the Pre-Trial Diversion Program in Los Angeles County and how it differs from a criminal conviction.
What California Laws Say About Pre-Trial Diversion Programs
Under California PC 1000, certain non-violent drug offenders may receive treatment or education in place of incarceration. To qualify for Pre-Trial Diversion, you must meet all of the following criteria:
- The specific charge must fall under the eligible offenses outlined in Penal Code 1000 (i.e., possession of controlled substances, possession of drug paraphernalia, possession of methamphetamines for personal use, etc.).
- You have not been convicted of a non-PC 1000 eligible drug crime within the last five years.
- You have not been charged with an offense involving violence or the threat of violence.
- The evidence must not point to a more severe drug offense.
- You have not been convicted of a felony within the previous five years.
If the prosecutor determines that you qualify for the Pre-Trial Diversion Program, they will notify you and your attorney and outline the specifics of this process.
Successful Completion Keeps Your Criminal Record Clean
The Pre-Trial Diversion Program typically takes between 12 to 18 months to complete. During this time, a local drug treatment supervisor will oversee your participation in the program, and you may be required to submit to drug testing to ensure that you are making progress. Unfortunately, if you fail to meet the requirements of your treatment plan at any time, the Pre-Trial Diversion Program will end, and the original case proceeds from where it left off. However, if you complete the program, the arrest records will be sealed and will not appear on your criminal record. While there are certain instances (like applying for immigration or applying to become a police officer) where you must disclose this information, you are not obligated to do so when applying for jobs or housing.
Get Started With a Skilled Los Angeles County Attorney Today
While facing an arrest for a low-level drug offense can be overwhelming, working with a trusted criminal defense attorney can give you the perspective and confidence you need to get through this challenging time. Together, you and your attorney will determine the best course of action to ensure that you enjoy a brighter future.
Learn more about Pre-Trial Diversion Programs in Los Angeles County today by calling Wegman & Levin at (818) 980-4000 to discuss your case with a trusted criminal defense lawyer.
